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SOLDIERS' VOTING BILL 



OF THB 



STATE OF NEW TOEK 



with instruction; from the 



SECRETAftY't)F STATE 



ALBANY: 

WEED, PARSONS AND COMPANY, PRINTERS. 
1864. 









\ 



K 






OFFICE OF THE SECRETARY OF STATE, j 
of the State of New York, v 

Albany, June 23, 1S(>4. ) 
The following decision, from the Commissioner of Internal Revenue at Washington, has 
been received at this department, in regard to United States stamps upon the Powers of 
Attorney, authorizing electors to vote for Soldiers in the field, pursuant to Chap. 353, of the 
Laws of 1864 ■ 

TREASURY DEPARTMENT, 

Office of Internal Revenue, 

Washington, June 21, 1864. 

" Sib — In reply to yours of the 17th insfc. Thavc to pay, that where Powers of Attorney are 

executed by a soldier in the field, authorizing a second party to vote for him, as under the late 

act of the Legislature of New York, it is held by this office, that to require the same to be 

stamped would be subjecting the elective franchise to a restriction not contemplated in the 

policy of the law. No stamps will therefore" be required on such warrants. 

Very respectfully, JOSEPH J. LEWIS, 

Chas. Place, Esq., Chief Clerk State Dejj'i, Albany. Commissioner." 



NT, ) 

NUE, > 

164. ) 






INSTRUCTIONS. 



tntt ai |]Uto Ifflrh, 

OFFICE OF THE SECRETARY OF STATE, 
Albany, 1864. 



Under the provisions of the Soldiers' Voting Bill, the 
soldier intending to vote at any general or special elec- 
tion, to be held in this State, is required to fill out and 
execute a power of attorney (for which a blank is here- 
with sent), swear to it before any field officer, captain, 
adjutant, or commandant of any company or detachment 
on detached service of the United States, and commissioned 
as officers in the volunteer force of the State of New 
York, or the captain or commandant of any vessel in the 
naval service of the United States ; also, having a witness 
to sign his name thereto, and authorizing some person, 
who is a legal voter, at his home or place of residence in 
this State, residing in the same town or city where such 
soldier resides, to cast for him his vote or ballot. He 
then must fill out the blank affidavit, which will be found 
printed on the outside of the accompanying envelope, 



sign it, and swear to it before one of the officers above 
named. 

After having executed the power of attorney, and 
sworn to the affidavit on the envelope — which may be 
either written or printed — he must fold and enclose the 
vote or ballot he desires to be cast, together with the 
power of attorney, and place them together inside the 
envelope which has the printed or written affidavit there- 
on, seal them up carefully, then place this envelope, so 
sealed, inside another envelope, to be marked on the 
outside, " Soldier's Vote," and direct it to the person to 
whom authority is given by said power of attorney, to 
cast for him his vote or ballot, and transmit the same 
to the person to whom it is directed by mail or other- 
wise. The officers before whom the affidavits are taken, 
must attach to their signatures their official designations. 

It should be borne in mind, that the person who is to 
receive the soldier's vote or ballot, and cast the same 
for him, must be a legal voter on the day of election ; and 
soldiers should be cautious to send their votes or ballots 
to none others. Great care also should be taken in 
directing these letters, to write, in a legible hand, the 
navte, town and county, in order to prevent their miscar- 
riage. By reading section 2 of said Act carefully, the 
soldier will be able more clearly to see the course he is 
to pursue. 

CHAUNCEY M. DEPEW, 

Secretary of Stale. 



SOLDIERS' VOTING- BILL. 



CHAP. 253. 

AN ACT to enable the qualified electors of this State 
absent therefrom in the military service of the United 
States, in the army or navy thereof, to vote. 

Passed April 21, 1864 ; three-fifths being present. 

The People of the Slate of New York, represented in Senate and 
Assembly, do enact as follows : 

Section 1. In time of war every elector of the State of New- 
York in the actual military service of the United States, in the 
army or navy thereof, who shall be absent from the State of New 
York on the day of election, shall be entitled to vote at any general 
or special election held in this state, in the manner and form fol- 
lowing : 

§ 2. Such absent elector shall, by an instrument executed by 
him, not more than sixty days previous to any general or special 
election to be held in this state, authorize and empower any elector 
of the town or city where the said absent elector shall reside, on 
the day of said election, to cast for him his vote or ballot, in the 
manner prescribed by this act, for all officers for whom he would 
have a right to vote if he were present at such election ; said instru- 
ment shall be signed by such absent elector, attested by a sub- 
scribing witness, and sworn to before any field officer, captain, 
adjutant or commandant of any company or detachment on de- 
tached service, in the service of the United States, and commis- 
sioned as officers in the volunteer force of the State of New York, 
or the captain or commandant of any vessel in the naval service 
of the United States, to which the said absent elector may belong 
or be attached ; and such officers are hereby duly authorized to 
administer oaths for the purposes specified in this act, and they 
shall attach to their signatures their official designations. 

§ 8. The said absent elector shall make and subscribe the follow- 
ing affidavit: "I, A. B., do solemnly swear (or affirm) that I have 
been a citizen of the United States for ten days, am now of the age 
of twenty-one years, that I have been or shall have been an inhabi- 
tant of the State of New York for one year next preceding the 
election to be held on the day of 186 , for the last 

four mouths a resident of the county of , for thirty 



6 

days next preceding said election a resident of the town (or city) 
of , and that I am now, and until said election, intend 

to be a resident thereof; that I have not made any bet or wager, 
and am not directly or indirectly interested in any bet or wager 
depending upon the result of said election, and I do further swear, 
that I am in the actual military (or naval) service of the United 
States, that I am now a member of company of the regi- 

ment (describing the organization to which he belongs), now at or 
near , in the state (or territory) of (or attached 

to the United States vessel ). 

Sworn to and subscribed this clay of 186 , before 

me, 

§ 4. The said absent elector in the service as aforesaid, shall 
prepare and fold the ballot or ballots he designs to cast at such 
election, and enclose the same, together with the instrument 
described in the second section of this act, in an envelope duly 
sealed, having on the outside thereof either written or printed, the 
affidavit described in the third section of this act, sworn to and sub- 
scribed as therein required. The said envelope, prepared as afore- 
said, shall be enclosed by him in another envelope, marked 
"soldier's vote," sealed and directed to the elector empowered by 
the instrument described in the second section of this act, to cast 
the ballot of said absent elector; and the said absent elector may 
then transmit the same to the person to whom it is directed, by 
mail or otherwise. 

§ 5. Such elector, upon receiving such letter from such absent 
elector, may open the outer envelope thereof, but he shall not open 
the inner envelope thereof. On the day of such election, and be- 
tween the opening and close of the polls thereof, he shall deliver 
such inner envelope to the inspectors of elections of the proper 
election district, and at the polls thereof; and if the name of the 
person signing the affidavit, on the outside of said envelope, shall 
be found entered upon the register of electors of such election dis- 
trict as a duly qualified voter therein; said envelope shall be by 
said inspectors publicly opened, and the votes or ballots therein 
contained shall be duly deposited in the appropriate boxes prepared 
to receive the ballots of voters, and the name of such absent elec- 
tor shall be entered upon the poll lists, together with the name of 
the person delivering the ballot at the polls. If such name shall 
not be found entered upon the register of electors of such district 
where such person claims to reside, such envelope shall not be 
opened unless an affidavit be made by a householder of the district, 
to the effect that he knows that said person whose vote is so offered, 
is a resident of said district. If such affidavit be made and deliv- 
ered to the inspectors, they shall open said envelope and deposit 
the votes or ballots therein contained as aforesaid, and the name of 
the person so voting shall be entered upon the poll lists, together 
with the name of the person delivering the ballot at the polls. The 



ballots contained in any such inner envelope, which shall have 
been opened or unsealed before the same shall have been laid be- 
fore the board of inspectors of election, shall not be deposited in 
any ballot-box at such election, but shall be rejected. 

§ 6. The affidavits and instruments described in the second and 
third sections of this act, and all envelopes containing " soldiers' 
votes," not opened at such election, shall be kept and filed by the 
inspectors of election in the same manner and place as the poll 
lists of such election are required by law to be kept and filed. 

§ 7. Every person who shall be entitled to receive any letter or 
envelope marked as herein provided, before he shall take away 
the same, shall sign and deliver to the postmaster or his deputy 
or clerk, a receipt therefor, which receipt shall specify how many 
such letters or envelopes he has received, and otherwise, as far as 
may be, specify the particulars of the description thereof. And 
any willful omission to comply with the provisions of this section 
shall be adjudged a misdemeanor, and any person convicted there- 
of shall be punished accordingly. 

§ 8. Any inspector of election and any elector to whom said 
ballot shall be sent who shall willfully neglect or refuse to per 
form any of the duties required of him by this act, or in any 
manner willfully violate or abuse any trust or duty hereby im- 
posed on him, shall be deemed guilty of a misdemeanor, and upon 
conviction shall be punished by fine not less than two hundred 
and fifty dollars, and by imprisonment in the county jail not less 
than four months. 

§ 9. Every person who shall be guilty of willful and corrupt 
false swearing or affirming in taking any oath or affirmation pre- 
scribed by this act shall be adjudged guilty of willful and corrupt 
perjury; and every person who shall make or sign a false certifi- 
cate to any instrument or affidavit authorized by this act shall be 
deemed guilty of a misdemeanor. 

§ 10. Every person who shall deliver or present to the inspec- 
tors of elections under this act any forged, altered or changed 
ballot, envelope or instrument required or provided for by this 
act, knowing the same to be so forged, altered or changed, shall 
be guilty of a misdemeanor, and upon conviction shall be pun- 
ished bv a line not less than two hundred and fifty dollars, and 
by imprisonmem in the county jail not less than four months. 

§ 11. All provisions of the law of this state relative to general 
or special elections, not inconsistent with any of the provisions 
of this act, shall apply thereto. 

§ 12. The secretary of state is hereby authorized and required 
to prepare and have printed the necessary blank forms and enve- 
lopes required to carry out the provisions of this act, and shall 
cause the affidavits required by the third section of this act to be 
printed in blauk upon proper envelopes, to contain the instrument 
required by the second section of this act, and shall, at least two 




013 709 170 

months previous to any general or special election, wuo^ >..-.i 
blank forms, envelopes and copies of this act to be forwarded to 
the several regiments from this state, in the service of the United 
States, in the field, and to the several hospitals, posts and naval 
stations, in sufficient quantity to furnish one copy of each blank, 
form, envelope and copy of this act to each person in the actual 
military service of the United States, in the army or navy thereof, 
from this state, and absent therefrom. The sum of ten thousand 
dollars, or so much thereof as may be necessary, is hereby appro- 
priated out of any moneys in the treasury not otherwise appropri- 
ated, to defray the expenses authorized by this section. 

§ 13. Any officer of this state, or of the United States, or any 
other person, who shall, directly or indirectly, control or attempt 
to control any such enlisted elector in the exercise of any of his 
rights under this act, by menace, bribery, fear of punishment, 
hope of reward, or any other corrupt or arbitrary measure or resort 
whatever, or to annoy, injure or otherwise punish any such officer 
or man, for the manner in which he may have exercised any such 
right, shall be deemed guilty of an offense against the sovereignty 
of this state, which shall be punished as a misdemeanor, and for 
which he may be indicted and tried at any future time, when he 
may be found within the limits of this state ; and upon conviction 
he shall be imprisoned for a term not exceeding one year, and 
fined in a sum not exceeding one thousand dollars, and he 
shall also thenceforth be ineligible, after conviction thereof, to 
hold any office in this state. 

State of New York, | 

Office of the Secretary of State, f 

I have compared the preceding with the original law on file in this office and 
do certify that the same is a correct transcript therefrom and of the whole of 

BaLd ° rigiaaL CHAUNCEY M. DEPEW, 

Secretary of State. 



M 




LIBRARY OF CONGRESS 



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013 709 170 7 



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